Case Digest (G.R. No. 94545)
Facts:
Norma B. Najera worked as a ward nurse at the National Orthopedic Hospital beginning April 1, 1968. In 1973, she was found to have adenocarcinoma of the cervix, for which she underwent surgery at the University of Santo Tomas Hospital and received cobalt and radium treatment; records also showed that by June 1975 she could no longer work. On September 16, 1975, she was hospitalized at the United Doctors Medical Center for recto-vaginal fistula, post-radiation, and related complications from her cancer and radiation therapy, underwent a sigmoid colostomy, and was discharged on October 1, 1975. On November 5, 1975, she filed a claim with the GSIS for benefits under Presidential Decree No. 626, but the GSIS denied it; the Employees’ Compensation Commission affirmed the denial on March 31, 1976.Norma Najera died on March 10, 1976 at the UST Hospital, with causes stated as adenoca, cervix, due to uremia, due to ureteral occlusion. Only on December 5, 1979 did her husband, Manuel Na
Case Digest (G.R. No. 94545)
Facts:
- Parties and basic controversy
- Norma B. Najera (deceased) employed as a ward nurse at the National Orthopedic Hospital on April 1, 1968, sought compensation for illness and related death under Presidential Decree No. 626 as amended.
- Employees’ Compensation Commission (ECC) and the Government Service Insurance System (GSIS) denied compensation and affirmed such denial.
- Manuel Najera (husband) became the substituted petitioner after Norma’s death.
- Medical history and work-related events
- Norma was found suffering from cancer of the cervix (adenocarcinoma) in 1973.
- Norma underwent an operation at the University of Santo Tomas Hospital and was subsequently given cobalt and radium treatment.
- Records did not disclose when Norma reported back to work after the 1973 illness and treatment.
- From June 1975, Norma was unable to work again.
- On September 16, 1975, Norma was hospitalized at the United Doctors Medical Center for recto-vaginal fistula, post radiation, described as a complication involving bleeding and passage of feces through the vagina as a result of cobalt and radium therapy.
- Norma underwent sigmoid colostomy and was discharged on October 1, 1975 to recuperate at home.
- Claim filing and administrative denial
- On November 5, 1975, Norma’s claim was filed with the GSIS for income, medical and other benefits under PD 626 as amended.
- The GSIS disapproved the claim based on the view that:
- Norma’s ailment was not the direct result of the nature of her duties; and
- the risk of contracting it was not increased by working conditions; and
- the ailment was the inevitable consequence of treatment for adenocarcinoma of the cervical stump; and
- the ailment was neither an occupational disease and therefore not compensable.
- Motion for reconsideration and appeal to the ECC
- Norma moved for reconsideration, contending that:
- she had adenocarcinoma in 1973 before the effectivity of the New Labor Code;
- she continued to suffer from the same thereafter;
- the nature of her work as a nurse exposed her to various diseases/infections and irritations which directly caused or aggravated her illness; and
- even if already under control, the ailment recurred because of the nature of her work.
- The GSIS denied reconsideration, reasoning that:
- Norma’s ailment was not peculiar to her type of work; and
- she could have suffered from the same even if employed in another occupation.
- Norma appealed to the ECC.
- Death and continuation of the case
- On March 10, 1976, Norma died at the UST Hospital.
- The cause of death was stated as:
- (a) Adenoca, cervix
- due to (b) uremia
- due to (c) ureteral occlusion.
- On March 31, 1976, the ECC affirmed the denial by the GSIS and dismissed Norma’s claim.
- Petition before the Supreme Court and procedural events
- Manuel Najera allegedly obtained a copy of the ECC decision only on December 5, 1979.
- Manuel Najera filed the petition with the Supreme Court on December 14, 1979.
- The petition raised the following issues:
- whether PD 626, as amended, was reasonable and just and not unduly oppressive and discriminatory, in line with due process and equal protection;
- whether the doctrine of presumption of compensability remained applicable; and
- whether Norma’s disability and subsequent death were compensable.
- On January 7, 1980, the Court required respondents to comment and directed substitution by legal heirs.
- On February 2, 1980, Manuel Najera filed a Motion for Substitution praying that he and their minor child, Ann Catherine Naj...(Subscriber-Only)
Issues:
- Determination of the applicable compensation law
- Whether Norma’s claim should be decided under the Workmen’s Compensation Act or the New Labor Code, considering that the illness onset occurred in 1973 and the later complications and filing were in 1975.
- Whether the later filing of the claim after March 31, 1975 barred the claim under the New Labor Code’s filing requirement.
- Presumption and evidentiary burdens under the controlling law
- Whether the presumption of compensability (work-connection or work aggravation) was still applicable to Norma’s claim.
- Whether Norma’s employer overcame the rebuttable presumption by substantial evidence or controverted the presumed work-connection.
- Compensability of disability and death
- Whether Norma’s disability and subsequent death were compensable under the applicable law.
- Whether medical opinion that occupati...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)